Is it illegal to smoke and drive?

Wondering if smoking or vaping while driving is legal in the UK? We've got the facts on laws, fines, and best practices to keep you in the clear.

Is it illegal to smoke and drive?

No, it’s not illegal in most situations to smoke while driving in the UK. But, if smoking distracts you, leading to unsafe driving, you could be charged with careless or dangerous driving. The Highway Code even lists smoking as a potential distraction to avoid while driving. So, while it’s not against the law, it could land you in hot water.

Can you vape while driving?

Vape usage in England grew by more than 400% between 2012 and 2023, with 9.1% of the British public now buying and using these products. But, from 1st June 2025 the ban on sale and supply of single-use vapes in England and Wales comes into force. This ban could see the number of people who vape and drive reduce.

But what does the law say? Currently vaping while driving isn’t specifically illegal. However, large clouds of vapour could obscure your vision, which might result in a fine for driving without due care and attention. Police have highlighted this as being dangerous, and drivers could face costly penalties and points on their licence.

(Correct at the time of writing, December 2024)

Smoking in a car with children

It is illegal to smoke in a vehicle carrying anyone under 18. This law has been in place since October 2015 and is designed to protect children from the dangers of second-hand smoke. The rule applies even if windows are open or air conditioning is running. Essentially, if there’s a roof—fully or partially enclosed—smoking is off the table when kids are on board.

Can you be fined for smoking with children in the car?

Yes, you can. Both the driver and the smoker can be fined £50 each if caught smoking with a minor in the vehicle. The law is strict on this point to prioritise the health and safety of young passengers.

Vaping with children in the car

Vaping with children in the car is not currently prohibited by law. However, health experts caution against it due to potential risks associated with second-hand vapour. It’s also worth considering the example you’re setting for younger passengers.

Smoking in company cars

Company cars used primarily for work or by multiple employees must be smoke-free at all times, even when they’re not being used to transport passengers. This rule aligns with smoke-free workplace laws. If the vehicle is solely for personal use, however, you may be able to smoke in it. Double-check with your employer if you’re unsure.

Can you smoke in a rental car?

Most rental companies have strict no-smoking policies, so lighting up in a hire car could lead to hefty cleaning fees or fines. These terms are usually stated clearly in your rental agreement. If in doubt, always ask before sparking up.

Can you smoke in a motorhome or caravan?

This depends on the situation. If your motorhome or caravan is parked and being used as a home, you’re generally allowed to smoke. However, while driving, the same rules as regular cars apply—especially if there are children present.

Can passengers smoke in a car?

While the driver is ultimately responsible for the vehicle, passengers can legally smoke in private cars unless children are present. However, if their actions distract the driver or cause unsafe driving conditions, the driver could face legal consequences.

Useful tips for drivers who smoke

1. Take smoking breaks: Pull over safely if you need to smoke, rather than multitasking while driving.
2. Keep your car fresh: Consider using air fresheners or cleaning regularly to remove lingering odours.
3. Know the rules: Always double-check policies when driving rentals, company cars, or shared vehicles.

In short, whether you're smoking, vaping, or driving with others, knowing the rules keeps you safe on the road.